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Benefits of Copyright Registration for Software

Although you do not need a copyright registration to claim
copyright, registration sometimes speeds up resolution of copyright disputes.
It lets the other side know you’re serious, it frightens some pirates and,
because of the potential for an award of attorney fees and statutory damages (discussed
below), it may help you attract a lawyer to take your case. Here’s a summary of
some registration benefits:

If you register your software program within
five years of publication, you are presumed to be the owner of the software
application and to have a valid copyright.

If you register your software application prior
to an infringement, or within three months of its publication (public
distribution), you may be entitled to special payments known as “statutory
damages” and to attorney fees from the person you sued.

With a few exceptions, you can only file a
copyright infringement lawsuit if you’ve registered your software application
first.

The filing fee for registration is currently $50
(less if you file electronically), and the registration process takes
approximately three-six months. It’s possible to expedite the registration
for an added fee, in which case it can be acquired within five working days. Expediting
a copyright registration is not for convenience; it is only allowed in urgent
cases—for example, when someone has ripped off your software program and you
need to file a lawsuit quickly.

The U.S. Copyright
Office. The U.S. Copyright Office website (www.copyright.gov) is your one-stop source
for all things copyright. You can download copyright application forms or
copyright circulars (special publications that explain copyright laws and rules
in plain language) (You can also write to the agency: Copyright Office, Library
of Congress, Washington, DC 20559-6000.)